Page:United States Statutes at Large Volume 44 Part 1.djvu/1673

 I a Y T I ·~ 1659 ’ ‘ TITLE 49.·—-—T. mm; guch person or such omcer or agent ot such corporation e company shall be deemed guilty ot a misdemeanor, and sha] upon conviction `thereefgiu any court 01 the United gtates · 4 competent jurisdiction within the;#distrlct· in jvhich such oitené was committed, be subject to a ine oti not exceeding $5,000, 4 ixnprisonment nt the penitentiary for a term ot not exceedin two years, or both; in the discretion. ot. the court, for eat: `ertense ;· `and- such person, corporation, or company shall his together with said common carrier, be iiableyjointly or seve; ally, in an action to. be Brought by any consignor or consigne _ discriminated against lnany court ot the Unitede States ot com petent jnnisdiction for all datnagescaused by or resulting ther · from. (Feb. 4, 1887, ·c. 104, § .10, 24 Stat. 382; Mar`. 2, 188 le, 382, § 2, 25pStat. 857; June 18, 1910, c. 309,} 10, 36 Stat. 54i A· and Feb; 28, 1920, c. 91, § 414, `41 Stat. 483.) ‘  _ ` 11. Interstate Cominerce Co¤g§ission; appointment, ter: and qnaiihcatiens of -commissioners.—A commission is create and established to be known as the Interstate Commerce. Con mission, which shall be composedof eleven commissioners, wt - Shall be appointed by the President, by and with the adiie aud_co`nsent._0f the Senate,. The·c0mmissioners appoiutedundt this chapter and their successors, shall continue in office f< __ · terms of seven ‘years,·except that any person chosen to tlll vacancy shall be appointed onli for the. unexpired term of tl commissioner whom heshall succeed. Of the commissioners} oitice on January 1, 1926{the term of one shall eipire Decembe ,31 in eachot Ih€'§lQ8l’8; 1926,1927, and 1932 and the iterxns • U two shall expire December 31,, in each ot. the years, 1928, 192 1930,. and .1931. Any commissioner rnay be removed by P tl President .r for lnemciency, neglect ot duty, or malteasance j omce. Not more than six ot the commissioners shall be ag - pointed from the @e politiml party, No person ein the emplc ‘ ot or holding any omcial relation to any` cornmon carrier sul ject to the provisions of this chapter, or owningjstock or bond thereof, or who is in any_n1anher'pecuniari1y-lnterested"theret shall enter upon the dntim of or hold such odce. qSaid com tnissioners shall not engage in any other business, `vocation, < employment; No vacancy in the commission shall impair tt _ right ot_  remaining commissioners to exerciee all. the poven ot- thecommission. (Feb. 4,'1@7, c.·104, { 11, 24. Stat.  June E, 1906, c.·3591, $*8, 34 Stat. 595; Aug. 9,1917, c. 5 $ 1,40 Stat. 270; Feb; 28. NW. ct 9L   1440, 41 Stat. 497.). 12. Adtkority   duties of - coxianibsioni witnesses: depoa W tions.-—·(1) Authority, duties, and prooecdhwg of eoamniuibt w£tsease•.¢--—The< commission created shall have authority to i1 qnire into the xnanag·emenf of the buslnwn ot all coinmon carrle1 subject to the provisions ot this chapter, and shall keep itse informed as to the manner and method in which the  1 conducted, and shall have the right to obtain from such con mon `caniers 'tull and complete intormation necmary to enabi the com@lon to pertornr the duties and carry out the objeci for which it was created: and the commission is authorized an _ required to emmte and enforce the provisions of this chaptea and, upon the request ot the conimlesion, it shall be the dnl oi any district attorney ot the United States ~·to$ whom` .tt commission pay apply to institute in the proper court apd '1 _ prosecute under the direction ot the Attorney General ot tl United States all necessary proceedings; for the enforcement < the provision; oi this chapter and for the punishment of a violations thereof, and the costs and expenses of such pros hution shall be paid out ot the appropriatfon for the expense ot the courts of the United States; and I01'.‘thB purposes of th; ’ chapter the commission shall have power! to require, by sul . poena, the attendance and tmtirnony ot witnems and the pn duction ot all books, papers, tarids, contracts, agreements, an documents relating to any matter under invtestlgation, 7 ` •

RANSPORTATION. § 12 >r _ (2) Attendance of witnesses and production of documents.-- .l»_ Suchnttendance ot witnesses, and the production of such docu- 8 >f_ mentury evidence, may be required from nny plnce in the se. United States, `uf any designated place of heering. And in nr case of disobedience to n subpoena the commixion, or any party , ng to n proceeding before the commission, may invoke the nid. ot zh `nny court ot the United States inrequiring the attendance and o,` testimony ot uzitneeses and the production of books, mpers, rg` and documents under the provisionsiot this section. a t _ BG (3) Compelling etteedance und testimony of ·io%$ne8soe,‘ ¤- etc.-And any o@ the district courté · of the United States 6- within the Jurisdiction of which such?. inquiry is carried on- 9. muy, in- case of contumacy or°refueal‘ to obey a sumennn  _ 3; to any common carrier subject- to theiprovleione of this chap ter, or other person, issue an order requiring such comnmon n, carrier or other person to appear before said commission (end ` zd_ produce books and papers it to ordered).' and élve `evmeeee n- touching the__matter et question; and eny failure to obey sueh no order of the court muy be punished by such court as n contempt ze thereof.1 ‘ _ _ _ # · .- er 2 (4) Depositions.—-—The testimony- of any witness may be » ar taken, at theinstence of n party, in any proceeding or inveeti- a· gation pending before the commission, by depmtion, at. tiny to time after a cause or proceeding; is nt {moe on petition end ln answer. The commission may also, order testimony to he taken er by deposition in any proceeding or investigation pending before ot `it, `at any stage of such proceeding or tnvestmtionv Such 9, depositions may be taken before enyjedge of any court ot the “ te United States; or any United Statw cornimlssionergor any clerk ln of n district court, or eny "chenceilor, justice, ee judge of an. _ p- supreme or superior court, mayor or chief maglsuate oils. city? ry judge of a county court. o·r_ court of common pleas of any ot. b4 the United States, or any notary public, not bang of counsd ` ls. or attorney to either ot the parties, nor intmted in theevent 5 n, of the proceeding or investigation. Reasonable notice ¤—‘ Jlrst be glvenfln writing by the party or his attorney proposing Jr ‘to`_take such deposition to the opposite party or' his attorney te ot record, · as either `muy be neareot, which _ notice ebelt etate re the name of the- witness und the time and place of the taking G, k; 9 ot his deposition. ° Any person may be cornpelledto eppmr and - 0, ·d ," end to · produce documentary evidence, ln. the some manner an wltnmeee may be compeued to spear and tutlty ( ,5.. and produce ? documentary evidence before the commission--as n-.  *(`5) Oath} asabboriptton er testimony on depoa¢`t€on.——Every` re person depostng as herein provided shall be cautioned and sworn Li J( or umm, if hero request) to twtify the whole truth,. end shot! is `be carefully. exumined.1 His- testimony shall be reduced to ut writing by 'tke mngietrnte. taking the deposition, .or under hte to direction, and shall, after it has been reduced to writing, be gg, subscribed by the deponent. . _ -_ ‘ nd. (6) Deposition °k foreign: couture; .#Ii·zw of depmittom.-— r; It a wlfiiees whose testimony may be desired to be token by ty depoolti·on_·be_ in e foreign country, the depoeitionwmoy be taken ne before on omcer or person designated by the commission, or to agreed upon- by the mrtles by stipulation in writing tobe dled_ ne with the commission. _‘ All depositions muse be promptly nled. at with the commission. ‘ .  . _ _ t .11, (7) Feet for deoos=£t£o1ie.—~Wltnessee Whose depositions ore? _ e tnlien pureunnt. to this chapter, and the magistrate or other as owcertuking the ennxe, shell wverully be entitled to the ensue le tees ns are paid for like services in the courts ot the United b· Stetee. (Feb. 4, 1887, c. 104, § 12, 24_Stnt. 383; Mer. 2, o· 18@, c. 882; {3. 25 Stat. *858; Feb. 10, 1891, c. 128, 26 Stat. nd 743; May 28, 1896,+:. 252, 5 19, 29 Stat. 184; Mor. 3, 1911, c. 231, ._ § 292, 36 Stat. 1167; Feb.i 28, 1920, c. 91, 5 415, 41 Stnt._484.).
 * herelnbefore provided. _ · . ·, · » ‘